SB 5985 — Concerning firearms background check program.

ENGROSSEDZ-0542.1 SUBSTITUTE SENATE BILL 5985 State of Washington 68th Legislature 2024 Regular Session By Senate Law & Justice (originally sponsored by Senators Hansen, Dhingra, Frame, Hasegawa, Hunt, Kuderer, Liias, Lovick, Nguyen, Pedersen, Stanford, Trudeau, Valdez, Wellman, and C.

by request of Washington State Patrol)Patrol READPrefiled FIRST01/04/24. TIME 01/19/24.

Read first time 01/08/24.

Referred to Committee on Law & Justice.

amending RCW 9.41.049, 9.41.111, 9.41.114, 9.41.350, 43.43.823, and 43.43.580;43.43.823;

1 ESSBSB 5985 AK-47 in all forms AK-74 in all forms Algimec AGM-1 type semiautomatic American Arms Spectre da semiautomatic carbine AR15, M16, or M4 in all forms AR 180 type semiautomatic Argentine L.S.R.

2 ESSBSB 5985 Galil Heckler & Koch G3 in all forms Heckler & Koch HK-41/91 Heckler & Koch HK-43/93 Heckler & Koch HK94A2/3 Heckler & Koch MP-5 in all forms Heckler & Koch PSG-1 Heckler & Koch SL8 Heckler & Koch UMP Manchester Arms Commando MK-45 Manchester Arms MK-9 SAR-4800 SIG AMT SG510 in all forms SIG SG550 in all forms SKS Spectre M4 Springfield Armory BM-59 Springfield Armory G3 Springfield Armory SAR-8 Springfield Armory SAR-48 Springfield Armory SAR-3 Springfield Armory M-21 sniper Springfield Armory M1A Smith & Wesson M&P 15 Sterling Mk 1 Sterling Mk 6/7 Steyr AUG TNW M230 FAMAS F11 Uzi 9mm carbine/rifle (ii) A semiautomatic rifle that has an overall length of less than 30 inches;

3 ESSBSB 5985 (iii) A conversion kit, part, or combination of parts, from which an assault weapon can be assembled or from which a firearm can be converted into an assault weapon if those parts are in the possession or under the control of the same person;

4 ESSBSB 5985 (B) A grip that is independent or detached from the stock that protrudes conspicuously beneath the action of the weapon.

5 ESSBSB 5985 criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, burglary in the second degree, residential burglary, and robbery in the second degree;

6 ESSBSB 5985 (15) "Federal firearms importer" means a licensed importer as defined in 18 U.S.C.

7 ESSBSB 5985 continue the firing sequence, including any of the following:

8 ESSBSB 5985 (30) "Loaded" means:

9 ESSBSB 5985 explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

10 ESSBSB 5985 (l) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

11 ESSBSB 5985 (49) "Undetectable firearm" means any firearm that is not as detectable as 3.7 ounces of 17-4 PH stainless steel by walk-through metal detectors or magnetometers commonly used at airports or any firearm where the barrel, the slide or cylinder, or the frame or receiver of the firearm would not generate an image that accurately depicts the shape of the part when examined by the types of X-ray machines commonly used at airports.

12 ESSBSB 5985 importer, or federal firearms dealer in compliance with all federal laws and regulations.

13 ESSBSB 5985 to possess a firearm restored before the six-month suspension period has elapsed by following the procedures provided in RCW 9.41.047(3).

(d) The department of licensing shall keep copies or records of applications for the purchase or transfer of a firearm frame or receiver and copies or records of firearm frame or receiver transfers in the same manner as pistol((pistol andand)) a firearm or semiautomatic assault rifle application and transfer records under RCW 9.41.129.

14 ESSBSB 5985 firearm frame or receiver is guilty of false swearing under RCW 9A.72.040.

15 ESSBSB 5985 waiver of firearm rights has been accepted.

16 ESSBSB 5985 federal or state computer-based systems used by law enforcement agencies or others to identify prohibited purchasers of firearms in which the person was entered, unless the person is otherwise ineligible to possess a firearm under RCW 9.41.040, and destroy all records of the voluntary waiver.

17 ESSBSB 5985 (3) Upon appeal of a background check denial, the Washington state patrol firearms background check program shall immediately remove the record of the person from its electronic database accessible to law enforcement agencies and officers and keep a separate record of the person's information until such time as the appeal has been resolved.

18 ESSBSB 5985 (d) Other information as determined by the Washington state patrol firearms background check program.

Sec.

7.

RCW 43.43.580 and 2022 c 105 s 7 are each amended to read as follows:

(1) The Washington state patrol shall establish a firearms background check unit to serve as a centralized single point of contact for dealers to conduct background checks for firearms sales or transfers required under chapter 9.41 RCW and the federal Brady handgun violence prevention act (18 U.S.C.

Sec.

921 et seq.).

The Washington state patrol shall establish an automated firearms background check system to conduct background checks on applicants for the purchase or transfer of a firearm.

The system must include the following characteristics:

(a) Allow a dealer to contact the Washington state patrol through a web portal or other electronic means and by telephone to request a background check of an applicant for the purchase or transfer of a firearm;

(b) Provide a dealer with a notification that a firearm purchase or transfer application has been received;

(c) Assign a unique identifier to the background check inquiry;

p.

19 ESSB 5985 (d) Provide an automated response to the dealer indicating whether the transfer may proceed or is denied, or that the check is indeterminate and will require further investigation;

(e) Include measures to ensure data integrity and the confidentiality and security of all records and data transmitted and received by the system;

and (f) Include a performance metrics tracking system to evaluate the performance of the background check system.

(2) Upon receipt of a request from a dealer for a background check in connection with the sale or transfer of a firearm, the Washington state patrol shall: